Lecture 2 B Flashcards
What is the purpose of PIPEDA in Canada?
a) To regulate privacy laws for government agencies
b) To protect employee privacy in federally regulated businesses
c) To allow employers to monitor employees without consent
d) To regulate criminal data collection
b) To protect employee privacy in federally regulated businesses
Which of the following provinces has privacy laws similar to PIPEDA?
a) Ontario
b) Manitoba
c) Quebec
d) Saskatchewan
c) Quebec
The Privacy Act (1985) governs the collection and use of personal information by:
a) Private sector businesses
b) Provincial governments
c) The federal government
d) Municipal corporations
c) The federal government
Under PIPEDA, how many Fair Information Principles are there?
a) 5
b) 7
c) 10
d) 12
c) 10
Which of the following is NOT a Fair Information Principle under PIPEDA?
a) Accountability
b) Consent
c) Unlimited collection
d) Individual access
c) Unlimited collection
According to PIPEDA, employers must:
a) Collect as much data as possible on employees
b) Obtain consent before collecting personal information
c) Monitor all employees at all times
d) Share employee data with third parties
b) Obtain consent before collecting personal information
What is a key legal test for justifying workplace surveillance?
a) The necessity and proportionality test
b) The employer’s authority test
c) The implied consent test
d) The corporate privacy test
a) The necessity and proportionality test
In Eastmond v. Canadian Pacific Railway, CP Railway installed cameras to:
a) Improve employee productivity
b) Monitor workers at all times
c) Prevent theft and vandalism
d) Track employee behavior for promotions
c) Prevent theft and vandalism
In R v. Cole (2012), the Supreme Court ruled that:
a) Employees have no privacy rights on work computers
b) Employees may have some privacy on work computers
c) Employers own all employee data
d) Work-issued laptops cannot be used for personal purposes
b) Employees may have some privacy on work computers
What factor did the Supreme Court consider in R v. Cole?
a) Whether the employer had a policy on computer use
b) Whether the employee had a reasonable expectation of privacy
c) Whether the search violated Charter rights
d) All of the above
d) All of the above
If an employer finds inappropriate files on an employee’s work-issued computer, what is the key legal question?
a) Did the employee consent to monitoring?
b) Was the file search necessary and within policy?
c) Did the employer pay for the device?
d) Did the employee break company rules?
b) Was the file search necessary and within policy?
What Canadian law protects employees from workplace discrimination?
a) The Privacy Act
b) The Human Rights Code
c) The Copyright Act
d) The Taxation Act
b) The Human Rights Code
Which of the following is a protected characteristic under Canadian human rights laws?
a) Job title
b) Work experience
c) Gender identity
d) Attendance record
c) Gender identity
In Arunachalam v. Best Buy (2010), the employee faced harassment due to:
a) Age
b) Pregnancy
c) Disability
d) Race
b) Pregnancy
What damages did the tribunal award Arunachalam in the Best Buy case?
a) Punitive damages
b) Aggravated damages
c) $4,000 for injury to dignity and self-respect
d) Reinstatement to her job
c) $4,000 for injury to dignity and self-respect
Non-pecuniary damages compensate for:
a) Lost wages
b) Emotional distress and suffering
c) Legal fees
d) None of the above
b) Emotional distress and suffering
Aggravated damages are awarded when:
a) An employer acts in a particularly cruel or humiliating way
b) An employee loses money due to discrimination
c) A company makes a financial mistake
d) The employee is unable to find a new job
a) An employer acts in a particularly cruel or humiliating way
Punitive damages are meant to:
a) Compensate for emotional distress
b) Punish the employer for malicious, reckless, or illegal actions ✅
c) Cover lost wages and benefits
d) Help employees find new jobs
b) Punish the employer for malicious, reckless, or illegal actions
Which of the following is an example of aggravated damages?
a) An employee being compensated for job loss
b) An employer firing an employee in an insulting and humiliating way
c) A workplace disagreement
d) A boss providing constructive criticism
b) An employer firing an employee in an insulting and humiliating way
Which damages are awarded to punish the employer and deter misconduct?
a) Compensatory damages
b) Non-pecuniary damages
c) Punitive damages
d) Nominal damages
c) Punitive damages
Which of the following best describes the Supreme Court’s reasoning in R v. Cole regarding workplace privacy?
a) Employees have no reasonable expectation of privacy on employer-issued devices.
b) Workplace policies can eliminate an employee’s expectation of privacy entirely.
c) Workplace policies can reduce, but not completely eliminate, an employee’s expectation of privacy.
d) Employees cannot challenge an employer’s access to work devices.
c) Workplace policies can reduce, but not completely eliminate, an employee’s expectation of privacy.
Under the legal test used in Eastmond v. Canadian Pacific Railway, which of the following is NOT a factor for justifying workplace surveillance?
a) Whether the measure is necessary to address a specific need.
b) Whether the employer owns the workplace premises.
c) Whether the surveillance is proportionate to the problem.
d) Whether there is a less intrusive way to achieve the same goal.
b) Whether the employer owns the workplace premises.
If an employer wishes to monitor employee emails under PIPEDA, what is a key requirement?
a) Employees must sign a waiver relinquishing all privacy rights.
b) The employer must have a clear policy and obtain employee consent.
c) Employers can monitor emails at any time without restriction.
d) The employer must notify employees only if emails contain personal data.
b) The employer must have a clear policy and obtain employee consent.
In what situation would a company installing hidden cameras in the workplace likely violate employee privacy rights?
a) If the cameras are used to monitor cash registers for theft.
b) If the cameras are placed in break rooms or private spaces without notice.
c) If employees have previously been informed about surveillance.
d) If the company experiences financial losses due to employee misconduct.
b) If the cameras are placed in break rooms or private spaces without notice.
